1044 – Al-Barāʾ ibn ʿĀzib (may Allah be pleased with him) reported: “The Messenger of Allah ﷺ ruled that safeguarding the walled orchards by day is the duty of their owners, that safeguarding the livestock by night is the duty of their owners, and that the owners of the livestock are liable for any damage their animals cause during the night.” It was narrated by Aḥmad and by the Four except al-Tirmidhī; Ibn Ḥibbān declared it sound, although there is disagreement in its chain of transmission (1).

Status of the ḥadith:
Ibn Ḥibbān graded it authentic, so it is an accepted report.

The compiler said: It was transmitted by Imām Aḥmad and the Four, save al-Tirmidhī, and Ibn Ḥibbān pronounced it sound, yet its isnād shows variation. The point of divergence centres on al-Zuhrī, for all its routes come from him, through Ḥizām, from al-Barāʾ, while Ḥizām did not hear directly from al-Barāʾ—so stated ʿAbd al-Ḥaqq and Ibn Ḥazm. Al-Shāfiʿī said: “We have acted on it, for it is firmly established, uninterrupted, and its narrators are known.”

Ibn ʿAbd al-Barr added: “Although this ḥadith is, formally speaking, mursal, it is well known; trustworthy imams have related it, and the jurists of the Ḥijāz have received it with acceptance.”

Vocabulary of the ḥadith:
• al-ḥawāʾiṭ: plural of ḥāʾiṭ, an orchard enclosed by a wall.
• al-māshiya: livestock—camels, cattle, and sheep; most commonly used for sheep. Its plural is al-mawāshī.